e evidence of the rank and station in society
occupied by the party. The only rule which can be laid down by the
courts is that where there is a distinct and visible admixture of
Negro blood, the individual is to be denominated a mulatto or person
of color.
In a later case the court held: "The question whether persons are
colored or white, where color or feature are doubtful, is for the jury
to decide by reputation, by reception into society, and by their
exercise of the privileges of the white man, as well as by admixture of
blood."
It is an interesting question why such should have been, and should
still be, for that matter, the law of South Carolina, and why there
should exist in that state a condition of public opinion which would
accept such a law. Perhaps it may be attributed to the fact that the
colored population of South Carolina always outnumbered the white
population, and the eagerness of the latter to recruit their ranks was
sufficient to overcome in some measure their prejudice against the Negro
blood. It is certainly true that the color-line is, in practice as in
law, more loosely drawn in South Carolina than in any other Southern
State, and that no inconsiderable element of the population of that
state consists of these legal white persons, who were either born in the
state, or, attracted thither by this feature of the laws, have come in
from surrounding states, and, forsaking home and kindred, have taken
their social position as white people. A reasonable degree of reticence
in regard to one's antecedents is, however, usual in such cases.
Before the War the color-line, as fixed by law, regulated in theory the
civil and political status of persons of color. What that status was,
was expressed in the Dred Scott decision. But since the War, or rather
since the enfranchisement of the colored people, these laws have been
mainly confined--in theory, be it always remembered--to the regulation
of the intercourse of the races in schools and in the marriage relation.
The extension of the color-line to places of public entertainment and
resort, to inns and public highways, is in most states entirely a matter
of custom. A colored man can sue in the courts of any Southern State for
the violation of his common-law rights, and recover damages of say fifty
cents without costs. A colored minister who sued a Baltimore steamboat
company a few weeks ago for refusing him first-class accommodation, he
having pai
|